The government is proposing to introduce improvements to Paternity Leave rights in April 2010. 

The employment Law legislation will affect parents of babies due from 3 April 2011, and adoptive parents notified of having been matched for adoption on or after 3 April 2011.

What are the current arrangements?

An employee who is the biological father of a child (or the mother's husband, civil partner or partner) has the right to take either one or two consecutive weeks' paternity leave. They must have 26 weeks or more continuous employment by the end of the 15th week before the expected week of childbirth in order to qualify for this right.

In the case of adoption, an employee who is the spouse, civil partner or partner of an individual who has adopted a child (or one of a couple who have jointly adopted a child) is also eligible to take either one week's or two consecutive weeks' paternity leave.  Again the employee must have 26 weeks continuous employment ending with the week in which notification of the adoptive match occurs.

What changes are proposed?

Draft Regulations have been published that will allow qualifying employees to benefit from up to 26 weeks' additional paternity leave and receive additional paternity pay at the same rate as statutory maternity pay.  Fathers will be eligible where the mother returns to work before her full entitlement to statutory maternity leave has been exhausted.
 
The additional leave must be taken during the child’s first year of life and can usually begin no earlier than five months after the child's birth. If, in exceptional circumstances, the mother dies during the child’s first year, the transfer of leave to the father will be earlier and could last up to 52 weeks ending no later than the child’s first birthday. 

Where the mother returns to work after 26 weeks' maternity leave but before she has taken her full entitlement to 39 weeks' statutory maternity pay, fathers will be able to take a maximum of 13 weeks' paid and 13 weeks' unpaid leave.

Where a couple adopt and the recipient of statutory adoption pay returns to work before the entitlement is exhausted, the other adopter may take additional paternity leave.  Statutory paternity pay will be payable only during the period that the mother, or father, would have received statutory adoption pay had they not returned to work. The regulations will not, however, apply to overseas adoptions.

What is the likely impact on businesses?

The opportunity to take additional paternity leave will be a positive step towards achieving greater equality between the sexes and will enable fathers to play a greater role in the first year of a child's life.  It will allow parents the flexibility to choose how they wish to divide up the total of 12 months’ leave to care for a new-born child, or an adopted child, and employees will be able to enjoy a better work-life balance.

These changes are likely to have a positive impact on the morale of staff and will enable businesses to retain talented members of staff.  

The main concern for businesses at the moment, however, appears to be in the burden of administering the new rights.  It is expected that proof of eligibility will be a ‘self-certified’ declaration by the father that he is eligible for additional paternity leave and pay and this declaration will also be signed by the mother confirming her intention to return to work.

Employers will need to request details from the mother’s employer to verify information provided on the self-certified declaration. It has been suggested that in order to deter the risk of fraud, HM Revenue and Customs will conduct spot checks and issue fines to those who provide false information or abuse the system.

It is also likely that fathers will have to give eight weeks' notice to their employer of their intention to take additional paternity leave.  This is significantly less than the 15 weeks' notice a mother normally gives to her employer about her intention to take maternity leave, and will leave employers with little time to make necessary arrangements for cover. 

References

“Consultation on draft Regulations to Implement the Transfer of the second six months of maternity leave to fathers” by Mark Norton, Department for Business, Innovation and Skills, 20th November 2009

“Additional paternity leave: Legal Q&A”, Personnel Today, Friday 16 October 2009 “

“Improved paternity leave take-up could be good for business” Personnel Today, Friday 18 December 2009